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Jack Smith’s Ploy Shot Down by Judge
Special Counsel Jack Smith is furious about Judge Aileen Cannon’s latest decision in President Donald Trump’s declassification case. Smith blasted the judge for entertaining the possibility that Trump has the authority to declassify documents.
ABC News reports on Smith’s outrage:
Special counsel Jack Smith, responding on Tuesday to the judge overseeing former President Donald Trump’s classified documents case, urged her to reverse course on entertaining the idea that Trump had any personal ownership over the classified materials he has been charged with unlawfully possessing.
In a late-night filing replying to an order last month from Judge Aileen Cannon requesting proposed jury instructions that appeared to accept at face value what legal experts have argued is one of Trump’s most fringe defenses – that the former president had unchecked ability to claim all classified records as his personal property – Smith argued that accepting such an argument would not only be “pure fiction,” but “meritless and fatally undermined” by all the evidence gathered by the government as part of their case.
Remember that this case relates to the classified documents obtained during the FBI’s raid at Mar-a-Lago. And we have another example of unjust lawfare being conducted against President Trump.
During a trial, a judge will often ask both the prosecution and the defense team to put forward any special instructions for the jury. Jury instructions greatly impact a case because they are the first thing that a jury hears in a trial. Do they believe A or B about a defendant?
The judge molds fair instructions for the jury based on what the defense and prosecution suggest. The instructions will likely favor the defendant even more because that’s who is most protected in the U.S. court system – everyone is innocent until proven guilty.
Right now, now the proposed instructions by Trump’s legal team would consider President Trump’s view of the Presidential Records Act, which dictates how records created during a President’s term must be handled and later archived. And that law allows for some records to be considered personal property of the President – even some classified records.
However, Smith doesn’t want Trump’s legal team to have any input on jury instructions, which is outrageous. Apparently, the normal judicial rules shouldn’t apply to Trump at all.
This case will likely take the longest to resolve of all of Trump’s pending legal cases. And if Trump wins reelection, then the trial will probably never happen.
In related news, a Wall Street Journal poll shows that Trump is leading Biden in six of the seven swing states ahead of the 2024 presidential election. Trump maintains this lead despite the constant political prosecution.
Voters are recognizing that the far Left is waging unjust lawfare against the leading GOP nominee. They might not love Trump, but they won’t support a side subjecting an American citizen to a two-tiered system of justice.
I also expect that the struggling economy, despite President Biden’s claims that it’s “the best economy in the world,” is playing a huge factor in Trump’s current lead. Voters are still hurting at the grocery store and gas pump.
The ACLJ also has a big update in its defense of FBI Special Agent Garret O’Boyle, who bravely testified about corruption in the Deep State. If not for O’Boyle’s whistleblower testimony, we wouldn’t have known about the Biden Administration’s blatant targeting of conservatives and pro-life advocates. As a result of his testimony, he has experienced unjust retaliation from the FBI.
A month ago, the United States Court of Appeals for the D.C. Circuit denied the FBI’s motion to dismiss O’Boyle’s case. With our case able to move forward, we just filed our merits brief at the D.C. Circuit in defense of our client. We won’t rest until justice is served for O’Boyle and other whistleblowers. Join our efforts by signing our petition.
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